Brown v. Wells

The sole question involved in this appeal is whether there is any legal liability of a bailee, arising from contract provisions, for the damage to the subject of the bailment, which damage occurs while the bailed article is in the possession of the bailee but where the damage was not caused by the bailee’s use.

Respondents, who were in the business of renting trailers, instituted this action against appellants, to whom they rented a trailer on a monthly basis pursuant to a written contract which contained the following provision:

Deposit Received $50.00 Pd.

Deposit refunded, if no damage to…